Constitutional Rights
Victims of certain crimes have rights guaranteed by the Colorado Constitution. Those rights and the crimes to which they attach are identified below. Information about resources and support services is also included.
CRIMES INCLUDED IN THE VICTIM'S RIGHTS ACT
The Constitution of the State of Colorado and the laws of this state guarantee certain rights to victims of the following criminal acts:
- Murder, manslaughter, homicide
- Vehicular homicide, vehicular assault
- Assault
- Menacing
- Kidnapping
- Sexual assault on an adult or child
- Sexual exploitation of children
- Robbery
- Incest
- Child Abuse
- Crimes against at-risk adults or juveniles
- Crimes involving domestic violence
- Careless driving resulting in death
- Hit and run resulting in death
- Harassment by stalking
- Ethnic intimidation
- Retaliation against a victim or witness
- Tampering with a witness or victim
- Indecent Exposure
- Violation of a protection order issued against a person charged with committing sexual assault
- Invasion of Privacy for Sexual Gratification
- Human Trafficking, retaliation against a judge or juror and first degree burglary
- Crimes involving Child Prostitution
- Failure to stop at the scene of an accident that results in SBI
- Posting a private image for harassment or pecuniary gain
Summary of Rights
- To be treated with fairness, respect and dignity
- To be informed of and present at all critical stages of the criminal justice process
- To be free from intimidation, harassment or abuse and informed about what steps can be taken if there is intimidation or harassment by a person accused or convicted of the crime, or anyone acting their behalf
- To notification of any change in the status of the accused
- To be heard at any court proceeding that involves a bond reduction or modification, acceptance of a negotiated plea agreement or sentencing, or any modification of sentence
- To have restitution ordered and be informed of the right to pursue a civil judgment against the person convicted of the crime
- To the release of property after the case is settled and it’s no longer needed as evidence
- To notification of all case dispositions including appeals
- To timely notification of all court dates
- To employer intercession
- To be informed of the availability of financial assistance and community services
- To be informed of all processes for enforcing compliance
- To be informed of the results of any HIV
- At the discretion of the district attorney, the victim has the right to view all, or a portion of, the pre-sentence report of the probation department testing that is ordered and performed
- To have criminal justice representatives make all reasonable efforts to exclude or redact the victim’s social security number
- To notification of how to request protection of the victim’s address
- To be informed about the existence of a criminal protection order and how to request modification of such order
- To receive a free copy of the initial incident report (release is at the discretion of the law enforcement agency)
- To receive a copy of the Victim Impact Statement from the District Attorney
- If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages
- To be notified by the district attorney of a hearing concerning a petition for sealing of records
- Victims incarcerated or held at the Division of Youth Corrections have the right to be heard by telephone during identified critical stages
- To be informed of any request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing which a court considered such a request. “Request for progression” includes any request for off-grounds or unsupervised privileges, community placement, conditional release, unconditional discharge or a special furlough
- To be informed of the results of a probation revocation hearing
- To be informed of the results of a parole revocation hearing
- To be informed of the decision the Governor’s decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed
- If the victim is deceased or incapacitated, these rights are guaranteed to the victim’s spouse, parent, child, sibling, grandparent, significant other or lawful representative
CRITICAL STAGES
- Filing of charges
- Preliminary hearing
- Any bond reduction or modification hearing
- Arraignment
- Motions hearings
- Disposition hearings
- Trial
- Sentencing hearings
- Post sentencing hearings including the decision to conduct post-conviction DNA testing to establish the actual innocence of a person convicted of a crime against a victim. The results of such testing and future court hearings as a result of the testing are also included.
- Subpoena for records concerning a victims medical history, mental health, education or crime victim compensation claim
- Appellate review
- Modifications of sentence
- Probation revocation
- A change of venue for probation supervision
- A warrant issued by probation
- Request for early termination from probation or community corrections
- Attack on judgement or conviction
- A hearing on expungement of juvenile records
- A parole hearing
- Parol, release or discharge from prison
- Parole revocation hearing
- Execution of an offender in a capital case
- Transfer to/placement in a non-secure facility or a non-residential status
- Transfer, release or escape from a state hospital
- Petitions by sex offenders to cease registration
- Full Parole Board Hearing
- Resentencing following a probation revocation hearing and request for early termination of probation